Category Archives: Probate Law

Tennessee Trust and Estate Law Legislative Update (April 2019)

Update:

HB0675/SB0542 (Re Trusts and Guardianships) enacted as pc0197

HB0676/SB0699 (Re Trusts and Disclaimers) enacted as pc0340

HB0190/SB0174 (Re Executor’s Oath) enacted as pc0332

What follows is my summary of the Tennessee trust and estate bills from the current legislative session and the laws from the previous legislative session as presented to the Trust and Estate section of the Memphis Bar Association on April 24, 2019.

The copies of the two most significant bills that have passed both houses with my annotations can be found here (my summary is below):  SA0339  SB0542 Continue reading Tennessee Trust and Estate Law Legislative Update (April 2019)

What happens when your child with special needs turns 18?

While your child with special needs is under eighteen, there is no question that you, the parent, are the decision maker. Upon attaining the age of eighteen, your child becomes an adult in the eyes of the law and is presumed to be able to handle their own affairs. This presents a problem for parents of children with special needs.  Once your child attains eighteen, you are no longer legally eligible to make decisions for your now adult child.  Continue reading What happens when your child with special needs turns 18?

Estate Planning for H-1B Workers: Part 2 – The US Death Tax and you.

mixture-69523_640If you are a in the US on an H-1B visa and have more than $60,000 in assets here, keep reading.  The United States Federal Estate Tax applies to you.  The tax will apply differently to you based on whether you intend to return to your home country or already consider the US home and you plan to stay.  Either way, the tax is very likely more a significant issue than you realize.  Planning is appropriate.  Continue reading Estate Planning for H-1B Workers: Part 2 – The US Death Tax and you.

Estate Planning for H-1B Workers: Part 1 – If my child is born here, is he a US Citizen?

baby-710360_1280Many people who are highly educated citizens of foreign nations come to work in the United States on a temporary basis on H-1B visas.  The H-1B visa allows an individual from another country with at least a bachelor’s degree (or significant experience) to come to work here in the United States in a “specialty occupation.”

The question has come up as to the citizenship of a child born here while the parents are technically only present here temporarily for work. Continue reading Estate Planning for H-1B Workers: Part 1 – If my child is born here, is he a US Citizen?

Probate and Trust Bill Headed for Haslam’s Desk

Update: Read Public Chapter No. 290 here.

SA0426 which revises a number of areas of the Wills, Trusts and Probate statutes has cleared the Tennessee Senate and is headed to the Governor’s desk.  This bill updates law in the following areas: